Sorry to be rude. But why not just stick to the template or a reasonably modified version of said form? EDIT NOTE: fine it is from another site - not the best format in my opinion. Is this supposed to be a prelim letter? It contains little in the way of reasonable instruction to the bank as to how you wish this matter resolved. It confesses to having been made aware of the issue of unfair charges through media coverage - so therefore to go on and quote a couple of legal precedents when you are, perchance, not overly legally qualified - is one might suggest rather arrogant and will provide great coffee machine humour for Halifax's seven figure salaried in house legal team. Indeed you have further wrongly demanded interest re-payment based upon sec64 of the County Courts Act - which as it says on the tin, is the County Court - and not something you can demand unless the matter reaaches litigation. Another point for the cappucino junkies at the Halifax to snigger about. That's why there are templates. In future suggest you stick to them. It probably won't affect your case unduly as long as you ensure that you send a rather more appropriate and considered Letter Before Action.

Good. So next stage calculate the total charges and whack off your prelim letter ASAP - now they can't hang about for 40 days time to get your own back.

Na you don't need this info to continue. If that is what they have decided to furnish you with in response to your request re: manual intervention then that implies there is no further disclosure to give - that is to say they have nothing detailed on their records which can clearly identify instances where they have had to do anything other than generate automatedresponses or standard administrative processes that are too remote to be attributable to you specifically as an individual customer. Don't worry about it (I never really gave much credence in the whole "manual intervention" malarkey), as the chances of a bank actually keeping records that could actually prove beyond reasonable doubt that such instances occurred and that the were directly attributable to your account conduct alone is virtually impossible. It is simply a phrase that provides them with ooporunity to defend their unlawful charges - and ensures that they cannot spring something on you should the matter ever reach court - which as you know is highly unlikely. Just crack on with calculating your charges and submitting your prelim letter. Good luck.

Don't really know why you are making it all so complicated. Just ring up Capital One and ask to speak to the ERC - they will be handling your claim. Point out that you received the settlement offer which you would be happy to agree to in full and final resolution of the matter - however you have noticed that subsequent to the offer two additional charges have been added to the account. Ask them to refund those charges immediately (I am confident they will do this) and state that you will return the settlement form for £131 when you have checked your account online and can confirm the £40 refund has been applied. You will not get charged an addditional £40 at the end of the month following these refunds - don't assume what has not occurred yet - it unneccessarily complicates matters. They will apply the £40 to your account then you can post the £131 settlement reply. Simple. End of. You are making additional hassle for yourself - when you have effectively won and the only thing holding you back is an admin error on behalf of Capital One that I am sure will be resolved following a five minute phone conversation this PM.

Ya that is why we are refunding you £500. What a paradoxical statement. No, correction, the ninth most preposterous statement I've read on the BAG. Have some of that - well done Tinks!

You can only negotiate with the means that are available to you. If your landlord is that in-flexible then you need to write a letter stating exactly what your intentions are - making it absolutely clear that you intend to catch up on the arrears and giving him/her a detailed timetable. Bear in mind that you have effective "squatting rights" without sounding stupid - you are NOT going to get chucked on the street in 30 days.. it is impossible for your landlord to obtain the necessary orders to achieve this. You need hime/her on your side during this.. If you want me to look at writing a letter for you to your landlord that I think will serve to alleviate some of the immediate pressure then feel free to PM me the exact details. You laugh about approaching the bank and being frank with them. But that is one of the only courses of action open to you at the moment. Who is the bank - what are the amounts involved - how much are you overdrawn - what is your limit - how much are you attempting to recover? Then I'll comment again. It may well be worth moving the account to another lender if that facility is available to you - it will give you a fresh start, ensure that no retribution or vindictive action is taken against you by your current bank - you clearly cannot afford for them to grant your refund and then close your account using the money to pay off your overdraft.

Hmmm... up to you.. Depends - have you had a response to your prelim? If you do get one and it is a standard automated or not the positive response that you requested in your prelim, then you could just about get away with sending the LBA and stating in your first paragraph words to the effect of "as you have failed to respond positively or to my satisfaction" blah blah... but it is a fine line between applying the pressure and looking greedy and not taking steps to avoid litigation in the eyes of the court. But it may be doable! Also do not be relying upon being made an offer of settlement by your institution on the back of the LBA. YOu must not depend upon this action to save your tenancy!! Very dangerous. Start to make some alternative arrangements. Attempt to negotiate further with the landlord. See if you can offer interim payment on the arrears now - or before it is due as a gesture of your intentions. I am not suggesting that you borrow more money from anybody but is it possible to negotiate with your bank more favourable terms on your overdraft or other facilities based upon the fact that you are having some difficulties and disputing charges/fees applied to your account? Have a proper think before actioning any of the above. If necessary post in more detail here and collect wider opinions - even consider an appointment with the CAB to discuss the issues in general - that is why they are there.

How has your account conduct been over, say the last 12 months? How is it now - are you within your T&Cs i.e overdrafts, making payments etc? Have you written in response to AL's letter protesting against the closure and requesting further explanation? what is the status of your claim against AL. Did you win? what was the amount? was it contested? Is it still in the pipeline? You need to post some more info here for us to be able to help and advise more accuratelyas the outcome of this sort of litigation will to some extent depend upon your personal circumstances.. If you post some more I am sure I and others will be able to comment in more depth - and certainly expect some contribution from BF and more knowledgable bods on the legalities involve. Obviously we will need some time to consider wording for the N1 particulars of claim, and to consider possible defences that AL may offer.

I think certainly it depends on the approach you take with the employee, and how they view your manner to an extent. Like any organisation they have rules and regulations (perhaps more o than in most industries) but there is always flexibility and room for even the lowliest of employees to exercise judgement - and even to manipulate the rules in your favour if they say wish. So yes it probably does partly depend upon the mood of the parties involved on that particular day, whether you have the luck to stumble acrosss someone in a good mood or someone who has just spilt coffee down rushing to get to their miserable call centre cubicle for another 14 hour shift being berated and abused by customers. Whether the employee has an ounce of humanity or ethical understanding, and can consider your personal circumstances objectively and if required compassionately. How you conduct yourself during your contact with that individual, do you articulate your situation and requirements, are you polite, yet effective in your communication? And probably, like everything else in life - a generous helping of luck along the way...

A debt management plan is administered by the consumer credit counselling service.. I would suggest that you book an appointment with your local CAB to discuss the possibility of entering into an IVA with your creditors. This will reduce the repayment period to 60 months maximum, freeze all interest, likely reduce the repayments further than the DMP, and not necessarily result in you having to release all the equity remaining in your property at the end of the 60 months. You will be debt free quicker, and have peace of mind in the interim. As for your charges, I would definitely proceed with the DPAs as planned. Let's get your statements (that is your right without a doubt) have a look at the charges and calculate possible refunds. Then post and we can chat again. Do not be put off by your situation. The fact that they will likely have charged you significant amounts and thus worsened your debt considerably will stand you in favour in negotiating an IVA or lower repayments...

Seconded. nothing else to be said...

Guilty as charged. My day job. Chav reviewer for mobile phones UK. DQ a.k.a BLAYZE

LG chocolate is quite sexy.. dunno much about phones I'm afraid but that was my upgrade and it is rather dishy.. http://www.mobile-phones-uk.org.uk/lg-chocolate-kg800.htm

No you cannot claim back authorised overdraft interest as this forms a core term of the agreement/contract you have with your bank. That is to say that they are providing you with lending based upon an agreed service charge that cannot be construied as a penalty. Even the unauthorised interest on the overdraft effecively forms a core term - though there may be redress for claiming part or all of this back if it is charges that have taken you into the bracket of the higher APR - i.e if it was a £30 charge that took you over your limit or a number of charges made up all or a portion of the overlimit amount then for sure you could claim back the interest that was paid at the higher APR.. if that makes sense?

Have you sought independent financial advice from for example the CAB? When you say you are on a debt management plan - is this a IVA? (Individual Voluntary Arrangement)? Can you afford this £700 a month it is a stupendous amount and there may be other alternatives options available to you if you wish to discuss. I would suggest that you can most certainly start the process of attempting to recover the charges and I doubt (though I must emphasise this is my own personal opinion) very much that the institutions involved will do anything other than pass any refund over onto the accounts/debts in question. It is in their interest to do so in fact. Not simply as it reduces the debt/and makes it more likely that you will repay the outstanding. But also as it reduces the "bad debt" to the institution. Banks/ FIs do not like carrying such bad debt as it affects the relationship with their underwriters and can often have a far more detrimental financial impact upon their business overheads than merely the £70K you may owe them...

ya tis fine Mao. Claim away. You have joint authority on the account. Any remittance with regards refunds, or county court judgments (should it actually get that far) will likely be paid by crossed cheque in the name of both of you. Bear in mind that you may well need a parachute account in the name of both of you to credit any remittance. But don't worry, yes you can claim on the joint account as per your intentions. Good luck. No need to sigh!

it is 28 days from the date of service... look on your original form "Notification of Claim" it will tell you on there when the papers are deemed to have been served. it is not 28 days from when they acknowledge. 28 days from when the papers are deemed to have been served. Normally it would have been 14 days.. but by acknowledging they buy themselves a further 14 days on top of the original..

Mao rudeness does not come into it. We are not a book club or a James Blunt forum. The purpose of the BAG is to galvanize people into retrieving monies that were unlawfully recovered from them by way of unfair charges. This is a legal minefield, and requires an intimate knowledge of financial and consumer regulations, as well as the Statute and court process. We all have a responsibility to ensure that as individuals we take ownership for our journey, and make pertinent use of the resources and knowledge available to us - because the BAG unfortunately does not have seven-figure salaried legal teams at its disposal just Bankfodder and Dave along with a core of hard-working individuals who are willing to take on the banks in their own territory. Therefore it is imperative that you totally engratiate yourself with the site and the process/legalities involved - rather than effectively expecting other people to share what can only be your burden of responsibility. I commend your courage in stepping up to the mark, and taking on such a large financial institution, but do not be offended by some succinct and curt responses as this serves as a timely reminder of the fact that we are not a James Blunt forum, and prepares you for what may ly ahead - in a positive way. I wish you much success - all your concerns have been addressed correctly previously so I need not dish out any more advice - other than to say, I hope to see your number of posts skyrocket from 11 (since February!!) as you realise the need to get involved as part of your preparedness! Best of luck.

BF Barclays acknowledged my claim on 11th May (according to court papers it was considered served on 8th May) so by my calculation they have 1 week today to submit their defence to me - I will let you have as soon as I receive.. Antony good luck.

Sorry to hear about your dad. wish him well. The LBA is a requirement suffice that it will demonstrate to the court that you have attempted to maintain communication and resolve the issue without it reaching litigation. The fact that Barclays are attempting to negotiate with you, but are protracting proceedings and taking this long to resolve the issue to your satisfaction would suggest to me that you could threaten Barclays with moneyclaim within seven days unless they respond positively. My plan of action would be to telephone Mr Voller tomorrow and say that you accept the £730 in lieu of the outstanding balance, and that they can credit that to your account immediately. Make it absolutely clear that with respect to the outstanding balance you fully intend to file against Barclays 7 days from tomorrow. Have your LBA ready to post and Fax to Mr Voller following your phone call. Explain that they have had more than sufficient time to enter into sincere dialougue with you regarding this matter, clearly they do not intend to respond in the manner that you indicated in your prelim letter, and therefore you have no alternative but to pursue a claim against Barclays for the outstanding balance via the small claims track. You may be pleasantly suprised by the response you get to a succinct, direct, to the point phone call followed up with a faxed and posted LBA. I wouldn't be suprised if they come back and settle for the full amount prior to the seven days. Feel free to PM me a copy of your LBA if you want a second opinion prior to tomorrow. I faxed my LBA giving HSBC seven days after they had protracted my complaint/claim - I got a phone call the next day admitting no liability, but offering full settlement (this was from "bog-off" to "£1200" in 24 hours). If you demonstrate that you know what you are doing, you understand due process, and you won't stand for being messed around, they usually pull their finger out.

Blueskies what are you doing?!? Where has the last month gone? You were at LBA last time I posted. Now a month later and you are posting about letters you have received, and how you are going to give them another 14 days to respond. respond to what? They are not going to respond in the manner that you desire until you show them that you mena business. Just file against them tomorrow in the county court for the £1500. No more telephone. No more letters. No more months passing without action. Just do it. The letters you refer to, and responses, are standard FSA requirements with regards dealing with complaints. They will use all eight weeks to "deal" with your complaint, and even then it will not be resolved to your satisfaction. I am amazed to be reading your post, more than a month later? What is going on? If you want specific help then PM me. Otherwise just get on and file against them.

Disagree. Just because Halifax have made an initial offer that does not meet expectations does not mean you simply ammend timetable. You cannot expedite the process, as you need to demonstrate to the court that you have made reasonable attempts to avoid litigation. By accelerating the timetable and altering your own deadlines you only appear aggressive and unreasonable. Halifax could argue that the initial response was literally a "goodwill gesture" whilst they investigated the issue in more depth and reflected upon the contents of the first letter. What is the rush? The schedule is there to cover all eventualities should litigation result. Circumvent the schedule and you are unnecessarily reducing the favourable light in which a court would view you, and providing ammunition to Halifax for what? The sake of a few days?

Letter they have sent you is standard compliance with FSA regulations with regards communicating with customers (under FSA regs the Bank has 8 weeks to resolve an issue/complaint to a customer's satisfaction before further action may be considered through the Financial Ombudsman). Just ignore. No need to keep your fingers crossed. If they choose to reply with only automated responses then more fool them.. if (and this is very very unlikey) it ended up in litigation then the court would view them very very dimly as this proves that they failed to take necessary steps to avoid litigation. You almost win by default!!

£2500 in three months?!? I won't even bother asking how..!?!? If you are sending your LBA now then make sure it is still within timeframe (i.e the 14 days since you sent prelim have passed - don't just send LBA in direct response to their offer letter). Furthermore it may be worth introducing the LBA with a paragraph such as: I write with reference to your correspondence dated X May, in which you advised me of Halifax's offer of £400 in respect of the charges you have unlawfully applied to my account. Whilst I will accept remittance of this sum into my account, I must make it absolutely clear that if Halifax fail to re-imburse the remaining balance of £X as discussed in my original letter dated X, then I will have no alternative other than to lodge a claim against Halifax for the outstanding amount 14 days from now. This just makes it absolutely clear what your intentions are, whilst allowing you to accept the £400 in lieu of settlement... good luck

The acknowledgment that you have received is likely automated, and simply complies with FSA regulations regarding communicating with customers. Ignore. Await for more specific response. If nothing materializes to your satisfaction within the 14 days (from 21 May) then move to next stage which is sending your LBA.